Guidance from the European Commission has been published to aid Member States evaluate if car manufacturers use defeat devices or other strategies which lead to higher vehicle emissions outside the test cycle.

“National investigations into the emissions scandal are revealing a large number of car manufacturers use strategies that increase emissions outside of the test cycle,” said Internal Market, Industry, Entrepreneurship and SMEs Commissioner, Elzbieta Bienkowska

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“This is illegal unless technically justified in exceptional cases, and the burden of proof lies with the carmaker.

“Cheating cannot be tolerated. Today we are offering guidance to Member States on how to enforce the law better.”

Defeat devices are banned by EU law but there is an exemption for when the need is “justified” in the Commission’s view, to protect the engine against damage or accident and ensure the safe operation.

The guidance will enable Member States to take a position on the legality of emission strategies revealed by car manufacturers during their national investigations, started at the Commission’s request in the wake of the Volkswagen revelations.

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“The Commission has taken important steps to improve the measurement of vehicle emissions with tests in real driving conditions, which will also reduce the possibility of cheating,” added a statement from the Brussels body.

“And a year ago it tabled a proposal to introduce more quality and independence in vehicle testing and more European oversight – this proposal is now pending adoption by the European Parliament and Council.”